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Articles 1 - 2 of 2
Full-Text Articles in Law
The Making Of Presidential Administration, Ashraf Ahmed, Lev Menand, Noah Rosenblum
The Making Of Presidential Administration, Ashraf Ahmed, Lev Menand, Noah Rosenblum
Faculty Scholarship
Today, the idea that the President possesses at least some constitutional authority to direct administrative action is accepted by the courts, Congress, and the legal academy. But it was not always so. For most of American history — indeed until relatively recently — Presidents derived their authority over the administrative state largely from statute. Any role for the White House in agency rulemaking or adjudication had to be legally specified. Scholars mostly agree about when this change occurred. But the dominant shared narrative — exemplified by then-Professor Elena Kagan’s seminal article Presidential Administration — is Whig history. It offers a …
War Powers Reform: A Skeptical View, Matthew C. Waxman
War Powers Reform: A Skeptical View, Matthew C. Waxman
Faculty Scholarship
Debates about war powers focus too much on legal checks and on the President’s power to start wars. Congressional checks before and during crises work better than many reform-ists suppose, and there are ways to improve Congress’s political checking without substantial legal reform.